In 2015, the Ontario government passed a new statute called the Healthy Menu Choices Act, 2015, SO 2015, c 7, Sch1; the statute came into force in January 2017 this statute requires persons who own or operate a food service chain(ie, more than 20 locations of food service) to display the number of calories for every standard food item on the menu.
The federal Food and Drug Act RSC 1985, c F-27 and related regulations require all packaged foods to carry labels disclosing the nutritional components of the food in the package.
The disclosure requirements imposed by the Healthy Menu Choices Act and those imposed by the Food and Drugs Act are complimentary; there are no contradictions between what the two statues require.
A number of major food services in Ontario believe that their overall sales have gone down since they have had to disclose the calories content of all standard food items. They want to have the Healthy Menu Choices Act declared on constitutional on the basis of division of powers.
question:
what division of powers analysis would a court have to apply to conclude that the healthy menu choices act i ultra vires the government of Ontario?
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